Palestinian Authority threatens Israel with The Hague over settlement building

The Palestinian Authority has threatened to take Israel to The Hague if
Jerusalem goes ahead with an announcement of new settlement construction
next week

The Palestinians could take Israel to the International Criminal Court (ICC) for war crimes and violations of international lawPhoto: Alamy

By Inna Lazareva, Jaffa

10:35AM GMT 27 Dec 2013

Chief Palestinian negotiator Saeb Erekat said the Palestinians would take Israel to the International Criminal Court (ICC) for war crimes and violations of international law. The Palestinians will also seek membership in 63 international organisations, including the ICC.

“We strongly condemn this and consider it damaging for the peace process”, said Mr Erekat in reference to the settlement construction plans, calling the move “a war crime”.

The European Union will also respond “harshly” if Israel goes ahead with the announcement, said a senior EU diplomat to Israel’s Channel 10 on Thursday.

“There will be very little understanding from the European governments”, the diplomat said on condition of anonymity.

Israeli Prime Minister Benjamin Netanyahu faces condemnation of the settlement expansion plans from his own coalition and across the Israeli political spectrum.

The construction in the West Bank “in exchange for terrorists perverts the value of settlements”, wrote Moshe Feiglin MK, of Mr Netanyahu’s own right wing Likud party.

The announcement of settlement construction was characterised as “giving the American administration the finger”, said Zehava Gal On, the leader of Israel’s left wing Meretz party.

This is not the first time the Palestinians have threatened to take Israel to The Hague. Most notably, in the aftermath of Operation Cast Lead in 2009, the Palestinian Authority asked the ICC to extends its jurisdiction to the Palestinian territories and investigate crimes allegedly committed by Israel. At the time, this request was denied because Palestine was not deemed a state and not a member of the ICC.

But last November, the UN General Assembly recognised Palestine as a non-member state, meaning that the Palestinians are in theory free to sign up to the ICC’s Rome Statute whenever they want.

However, if Palestine does accede to the ICC, the Palestinians would be opening themselves up to scrutiny over their own international law violations, including alleged war crimes committed.

With the resumption of peace talks between Israelis and the Palestinians in July, the US has pressured the Palestinian leadership not to go to the ICC while the negotiations are taking place.

The announcement of further settlement construction is expected to coincide with the third group of Palestinian prisoners due to be freed next week. The Israeli cabinet is still finalising the list of the prisoners to be released, as protests by the families of the bereaved and those opposed to the prisoner release reached Tel Aviv yesterday.

The 53 remaining prisoners are considered to be the most serious criminals on the list, all sentenced to life imprisonment and convicted of murder or accessory to murder.